Dutch Legislation

Chapter II

in force

Surrender by the Netherlands

Surrender Act (European Arrest Warrant) (Overleveringswet) · Articles: 43

Section 1

Conditions for surrender

5 Article 5

Surrender shall take place exclusively to issuing judicial authorities of other Member States of the European Union and in compliance with the…

6 Article 6

The surrender of a Dutch national may be permitted insofar as it has been requested for the purpose of a criminal investigation directed against him…

6a Article 6a

Surrender of a Dutch national for the purpose of the enforcement of a custodial sentence imposed upon him by an irrevocable judgment may be refused…

7 Article 7

Surrender may be granted for the purpose of:

8 Article 8

For the application of this Act, custodial sentences of a duration exceeding twelve months shall be equated with: life imprisonment and custodial…

9 Article 9

Surrender of the requested person may be refused for an offence in respect of which:

10 Article 10

Surrender shall not be granted if the requested person had not yet reached the age of twelve years at the time the criminal offence was committed.

11 Article 11

A European arrest warrant shall not be executed in cases where, in the judgment of the court, there are substantial and fact-based grounds to believe…

12 Article 12

Surrender may be refused if the European arrest warrant has been issued for the purposes of execution of a custodial sentence or detention order…

12a Article 12a

In the cases referred to in Article 12, point (d), the person against whom the European arrest warrant has been issued and who has not yet been…

13 Article 13

Surrender may be refused if the European arrest warrant relates to a criminal offence that:

14 Article 14

Surrender shall not be granted except under the general condition that the person claimed shall not be prosecuted, punished or restricted in his…

Section 2

Procedure for surrender

15 Article 15

On the basis of an alert as referred to in Article 4, paragraphs 1 and 2, the provisional arrest of a requested person present in the Netherlands may…

16 Article 16

A foreign national who has been arrested pursuant to Article 54, paragraph 5, of the Code of Criminal Procedure may be detained by order of the…

17 Article 17

Every public prosecutor or assistant public prosecutor is authorised to order the provisional arrest of a requested person in accordance with Article…

18 Article 18

The examining magistrate may, upon the motion of the public prosecutor at the district public prosecutor's office in Amsterdam, order the detention…

19 Article 19

A requested person whose detention has been ordered in accordance with Article 18 shall be released – without prejudice to the possibility of further…

20 Article 20

If a European arrest warrant has not been transmitted to the public prosecutor, it shall be transmitted to him without delay.

21 Article 21

The requested person shall be arrested on the basis of a European arrest warrant that meets the requirements described in Article 2, without further…

21a Article 21a

The requested person who has been arrested may request the appointment of a lawyer in the issuing Member State for the purpose of providing…

22 Article 22

The ruling containing the decision regarding the surrender must be rendered by the court no later than sixty days after the arrest of the requested…

23 Article 23

If the public prosecutor is of the opinion immediately that the surrender cannot be permitted on the basis of the European arrest warrant presented…

24 Article 24

Immediately upon receipt of the claim referred to in Article 23, paragraph 2, the presiding judge of the court shall determine, taking into account…

25 Article 25

The hearing of the person claimed shall take place in public, unless that person requests that the case be heard in camera or the court orders the…

26 Article 26

The court shall examine the identity of the requested person in the manner referred to in Article 27a, paragraph 1, first sentence, of the Code of…

27 Article 27

Upon the claim of the public prosecutor, the court may, at the hearing, order the detention of the person claimed.

28 Article 28

No later than fourteen days after the conclusion of the hearing, the court shall render its decision regarding the surrender. The decision shall be…

29 Article 29

The decision of the court is immediately enforceable, unless a competing request for extradition or surrender from the International Criminal Court…

30 Article 30

Articles 21 up to and including 25, 260, paragraph 1, 268, 269, paragraph 5, 271, 272, 273, paragraph 3, 274 up to and including 277, 279, 281, 286…

31 Article 31

The judgment of the court shall be served upon the person against whom the claim was brought who was not present at the pronouncement thereof. At the…

32 Article 32

The public prosecutor shall notify the issuing judicial authority of the court's decision without delay. If the surrender is granted, he shall state…

33 Article 33

A deprivation of liberty ordered pursuant to Article 27 shall be terminated – without prejudice to the possibility of further deprivation of liberty…

34 Article 34

The continued deprivation of liberty may be extended each time by a maximum of thirty days if:

35 Article 35

As soon as possible after the ruling by which the surrender is granted in whole or in part, but no later than ten days after the date of this ruling…

36 Article 36

The decision regarding the time and place of the actual surrender may be stayed by the court, upon the motion of the public prosecutor or at the…

37 Article 37

If this is necessary for the application of Article 35, paragraph 1, unless the deprivation of liberty has been terminated pursuant to Article 35…

38 Article 38

Upon the actual surrender, the public prosecutor shall inform the issuing judicial authority or, where applicable, the competent central authority of…

39 Article 39

The requested person who has been alerted in accordance with Article 4, paragraph 1 or 2, for the purpose of arrest with a view to his surrender, or…

40 Article 40

No later than ten days after a statement has been made in accordance with Article 39, the court shall decide whether the requested person shall be…

41 Article 41

If the court has decided in accordance with Article 40 that the requested person shall be surrendered to the issuing judicial authority of the other…

42 Article 42

Following the day on which he has made the statement referred to in Article 39, the person claimed may remain in custody or in remand detention for a…

43 Article 43

In the event of the application of Article 40, paragraph 1, the public prosecutor shall, after consultation with the competent foreign authorities…

43a Article 43a

The requested person has the right to be assisted by legal counsel in the proceedings for surrender by the Netherlands. Articles 28, 28a, 28c…